Today, the Florida Department of Environmental Protection (DEP) filed a Motion for Emergency Hearing regarding its request for of a court-appointed receiver to serve as an independent third party to oversee management and closure of the Piney Point site. This request was included in DEP’s enforcement action against HRK and in a motion in an ongoing foreclosure case concerning the site, both of which were filed on Aug. 5, 2021.
The enforcement complaint asserts HRK’s failure to safely operate the phosphogypsum stack system at the site and remove the water in the compartments atop the stacks as required by their Consent Order with department. Combined with additional significant rain volumes expected over the coming months as we continue into the rainy season, the potential for overtopping of the compartments into the surrounding areas, including Bishop Harbor (an Outstanding Florida Water), poses an imminent threat to public health and safety, and the environment. Therefore, the department is requesting an expedited hearing to have a receiver appointed and in place as soon as possible.
The request for emergency hearing is another step to ensure the safe operation and ultimately the final closure of wastewater impoundments atop the site's phosphogypsum stack stack system. The department expects HRK to continue to explore all short-term water management options to remove water from the site, such as piping and trucking water to nearby water treatment facilities, until a receiver is appointed and long-term water management remedies are in place.
Additionally, DEP remains committed to its stringent oversight of HRK’s activities at Piney Point as they prepare the site for possible impacts from Tropical Depression Fred. Department inspectors are onsite overseeing site preparations as staff work to secure heavy equipment and water treatment elements, and adjust water management levels in the ponds to ensure the site can endure tropical or hurricane force winds and rain. Additional pumps and generators are also available to safeguard against potential power outages.
The site received approximately 0.2 inches of rain overnight, bringing the rainfall total to approximately seven inches over the last 14 days. Rainwater runoff continues to be conveyed through HRK’s permitted outfalls to the drainage ditch along Buckeye Road. This is rainwater, not wastewater from the compartment areas onsite. Samples of the stormwater are collected by HRK daily to ensure it meets the requirements of HRK’s discharge permit and water quality standards.
Key status updates and response activities:
